Construction Cement Document

CONSTRUCTION CEMENT SUPPLY AGREEMENT

This Construction Cement Supply Agreement (the Agreement) is made between:

Supplier Name:

Buyer / Contractor Name:

WHEREAS

WHEREAS, Supplier manufactures and supplies Portland cement and related cementitious products meeting industry standards and Buyer requires delivery of cement for the Project described below;

WHEREAS, Buyer desires to purchase cement on the terms set forth herein and Supplier agrees to supply, deliver and warrant the cement in accordance with this Agreement.

PROJECT DETAILS

SCOPE OF WORK

Supplier shall supply, package, handle and deliver cement consistent with the specifications and quantities set forth below and in accordance with accepted industry practice. Supplier's obligations include loading, transport coordination, off-loading at the Delivery Location, and provision of delivery documentation and certificates of compliance.

DELIVERY AND ACCEPTANCE

Delivery shall be made to the Delivery Location during normal working hours unless otherwise agreed in writing. Risk of loss and title transfer to Buyer upon off-loading at Delivery Location, provided Buyer has inspected and accepted the cement in accordance with the Acceptance procedure below.

PAYMENT TERMS

Buyer shall pay Supplier as follows. Unless otherwise agreed in writing, payments are due according to the schedule below and failure to pay when due shall entitle Supplier to suspend deliveries and recover costs and interest.

WARRANTY AND QUALITY

Supplier warrants that cement delivered shall conform to the specification identified in this Agreement and be free from material defects in manufacture for a period of ninety (90) days from delivery. Buyer's sole and exclusive remedy for breach of this warranty shall be replacement of non-conforming cement or, at Supplier's option, a refund of the purchase price for the non-conforming quantity.

TERM AND TERMINATION

This Agreement shall commence on the Start Date and, unless earlier terminated in accordance with this section, shall continue until the End Date or until completion of Supplier's obligations.

Either party may terminate this Agreement for material breach by the other if the breaching party fails to cure such breach within fifteen (15) days after receipt of written notice, or immediately for insolvency, bankruptcy, or repeated delivery failures.

CONFIDENTIALITY

Each party shall keep confidential all commercial and technical information disclosed by the other party in connection with this Agreement and shall not disclose such information to third parties except to permitted representatives or as required by law. Confidential information does not include information that becomes public without breach or is independently developed.

INDEMNITY; LIMITATION OF LIABILITY; FORCE MAJEURE

Each party shall indemnify and hold harmless the other from claims arising from its negligent acts or willful misconduct in connection with this Agreement. Neither party shall be liable for special, indirect or consequential damages. Performance is excused for causes beyond a party's reasonable control, provided prompt notice is given and reasonable efforts are made to resume performance.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of:

ENTIRE AGREEMENT

This Agreement, together with any schedules, purchase orders and written amendments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior communications, representations and agreements, whether oral or written.

No modification of this Agreement shall be binding unless made in writing and signed by authorized representatives of both parties.

NOTICES

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